If domain names are not properties, than how can the same court settle domain dispute cases in favour of the patent name holder by withdrawing it from the person whom the registration body have "lent" or "leased" the name.
There can be two views :
1. Ownership - the guy who pays and grabs the domain name earlier buys the domain name from the issuing authority. (we are considering that the issuing authority is under control and cannot abuse this right)
In this case, it is a commodity which is the property of the owner and cannot be ever taken back by anyone. A recurring fees can also be implemented as a management cost for the infrastructure of root servers etc payable to the registrar. In case of failing to pay these fees, the owner looses the right to the domain name.
Since the domain name is owned by this person, he can have a patent on this name and he can use it whichever way he likes.
(But this does not seem to be the case)
2. Lease/Rent - the domain name owner rents/leases the domain name from a authority we call registrar. If the lesee does not pay in time, the registrar can take back this property. Good enough (which is going on right now, i understand). But..
- how can we claim the patent to something we lease or rent ?
- how can a court settle cases in favour or against cases on domain names which comes out of misinterpretation and fraud.
The people who are using, do not own them !
The total concept has been messed up -
You call it an intellectual *property* and also a *leased/rented* *commodity*. I think things have not been properly thought before implementation. They cannot take two stands. Either you own or you lease. And thereafter laws must work on them according to that.
If there is a cigerrete company called 555, and you are assigned a phone number of 555555 by your local telephone house (i guess we lease/rent telephone connections- atleast in my country), can 555 come and claim for this number from you on legal grounds. This is exactly what is happening.
They (ICANN and the bodies involved) are not being able to give the domain industry a proper face and nature. Total chaos. Really unprofessional.
You dont need to move at a lightening speed, if you cannot consolidate things and leave behind chaos and problems.
- just my thought.